- 1 - HC-KAR NC: 2025:KHC:46991 CRL.P No. 1021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 1021 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MACHAIAH K.M. AGED ABOUT 82 YEARS, S/O LATE MACHAIAH, RESIDING AT NO. 32, SENA VIHAR, KAMMANAHALLI, BENGALURU 560 043. 2. MRS SAROJA MACHAIAH AGED ABOUT 70 YEARS, W/O MACHAIAH K M RESIDING AT NO.32, SENA VIHAR, KAMMANAHALLI, BENGALURU 560 043. 3. K M THIMAYYA AGED ABOUT 45 YEARS, S/O MACHAIAH K M RESIDING AT NO.32, SENA VIHAR, KAMMANAHALLI, BENGALURU 560 043. …PETITIONERS (BY SRI.TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA., ADVOCATE) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46991 CRL.P No. 1021 of 2025 AND: 1. THE STATE OF KARNATAKA BY BANASAWADI POLICE STATION, BENGALURU CITY, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001. 2. SHARASCHANDRA SANIL B AGED ABOUT 50 YEARS, S/O MADHAV SUVARNA, R/AT NO. 72/2, GROUND FLOOR, RAILWAY PARALLEL ROAD, KUMAR PARK WEST BENGALURU - 560 020. …RESPONDENTS (BY SRI. B N JAGADEESHA, ADDL.SPP, FOR R1; SRI PRAKASH SHETTY, ADVOCATE FOR R2) THIS CRL.P IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.11359/2024 REGISTERED BY THE BANASWADI P.S. BENGALURU / 1ST RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 420 R/W 34 OF IPC NOW THE CASE IS PENDING ON THE FILE OF HONBLE IV A.C.J.M BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ - 3 - HC-KAR NC: 2025:KHC:46991 CRL.P No. 1021 of 2025 ORAL ORDER Petitioners are seeking to quash the entire proceedings in CC No.11359/2024 pending on the file of the learned IV Additional Chief Judicial Magistrate, Bengaluru. 2. Respondent No.2 herein is the first informant. Based on his complaint, case was registered against the petitioners in Crime No.38/2024 of Banasawadi Police Station, Bengaluru City. Charge sheet is filed for the offence punishable under Sections 406 and 420 r/w 34 of IPC. 3. The learned counsel appearing on the both sides submits that parties have entered into a memorandum of settlement in O.S.No.8401/2023 on the file of City Civil Judge, Bengaluru, pursuant to which said suit has been disposed of. 4. A copy of the memorandum of settlement has been furnished. As per the memorandum of settlement, - 4 - HC-KAR NC: 2025:KHC:46991 CRL.P No. 1021 of 2025 the matter was referred to the mediation for resolution of the dispute, wherein the parties have resolved their disputes and respondent No.2 has undertaken to withdraw the cases filed against the petitioners. 5. Para No.II (1) of the memorandum of settlement reads as under: "Both the parties had filed cases against each other. The plaintiff had filed in CC No.11359/2024 pending before the IV ACMM, Bengaluru against the defendants, W.P.No.12596/2024 & Crl.Petition No.1021/2025 filed by the defendants in connection with the aforesaid City Civil Court No.11359/2024, in view of this settlement both the parties have undertakes to withdraw all the cases filed against the each other". 6. The dispute is private in nature and the offences are compoundable. In view of the settlement, it is expedient to quash the proceedings pending against the petitioners. Accordingly the following order. - 5 - HC-KAR NC: 2025:KHC:46991 CRL.P No. 1021 of 2025 ORDER The petition is allowed. The entire proceedings in CC No.11359/2024 pending on the file of IV Additional Chief Judicial Magistrate, Bengaluru are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE ASN List No.: 1 Sl No.: 5